16000003053 RBG Support.pdf

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1031881205

Vendor Name:

Address:

City / State / Zip:

UEI#:

TERMS OF DELIVERY ARE F.O.B. DESTINATION TO:

UNICOR, Federal Prison Industries, Inc.

T.B.D.

Solicitation is issued as 1 year with 1 (6 month option) firm fixed price purchase order.

SOLICITATION IS 100% SET-ASIDE FOR SMALL BUSINESS.

QUESTIONS PERTAINING TO THIS SOLICITATION WILL ONLY BE ADDRESSED IN

WRITING VIA EMAIL TO: Joshua.hassler2@usdoj.gov. NO PHONE CALLS PLEASE. The deadline for questions is December 8th, at 10:00am EST.

For a list, description and total estimated quantities of all items, refer to Section B.

The date and time for receipt of proposals is December 16, 2025 at 2:00pm EST. Offer must indicate Solicitation No. RBG0001-26, time specified for receipt of offer, name, address and telephone number of offeror, technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation, terms of any expressed warranty, price and any discount terms. Offer must include acknowledgment of all amendments, if any.

THE FOLLOWING INFORMATION IS REQUIRED TO BE COMPLETED BY THE

OFFEROR:

SAM UNIQUE ENTITY NUMBER:_______________________________________

VENDOR'S POINT OF CONTACT: _____________________________________

VENDOR'S TELEPHONE & FAX NUMBER: _____________________________

VENDOR'S EMAIL ADDRESS: ________________________________________

VENDOR'S BUSINESS SIZE (i.e. SMALL, LARGE, ETC.): __________________

By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database (System Award Management) prior to submitting a proposal, during performance and through final payment of any contract resulting from this solicitation.

_______________________________________________ Signature

The Administrative Contracting officer is Josh Hassler.

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR 12 and 37 as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation; offers are being requested and a written solicitation will not be issued. The solicitation number is RBG0001-26 and this solicitation is issued as a Request For Quote. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2025-06. The North American Industry Classification System code is 541611. This requirement is 100% set-aside for small business.

ALL ITEMS WILL BE AWARDED TO ONE OFFEROR. FAILURE TO SUBMIT AN

OFFER ON ALL ITEMS MAY PREVENT AN OFFER FROM BEING CONSIDERED FOR

AWARD

NOTICE TO GOVERNMENT WHEN CONTRACTOR(S) DELAYS:

In the event the contractor(s) encounter difficulty in meeting performance requirements, or when there is an anticipated difficulty in complying with the delivery terms or completion dates, or whenever the contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely delivery/performance of this contract, the contractor must immediately notify the Field Administrative Contracting Officers at UNICOR or in writing, giving pertinent details. This information will not be construed as a waiver by the Government of the required delivery schedule, or the Governments rights to impose consideration against delinquencies or other remedies provided by this contract.

Contractor agrees that FPI is in the category of the most favored or best commercial customer category of the Contractor and as such, the Contractor will:

During the contract period, the Contractor shall report to the Contracting Officer all price reductions offered to the category of customers that are considered by the Contractor to be their most favored or best commercial customer.

1. A price reduction shall apply to purchases under this contract if, after the award date, the Contractor-

i) Revises downward its commercial catalog, price list, schedule, etc., to its best commercial customers (or category of customers) below the awarded price under this contract;

ii) Grants more favorable discounts or terms and conditions to its best commercial customers than those contained in this contract that would result in prices below the awarded price under this contract, an/or

iii) Grants special discounts to its best commercial customer (or category of customers) that would result in prices lower than the awarded price under this contract.

2. The Contractor shall offer the price reduction to FPI with the same effective date, and for the same time period, as extended to the commercial customer (or category of customers).

The Contractor may offer the Contracting Officer a voluntary price reduction at any time during the contract period.

The Contractor shall notify the Contracting Officer of any price reduction subject to this clause as soon as possible, but not later than 15 calendar days after its effective date

Future requirements for these or similar items from this or other UNICOR factories may be added to the resulting contract if considered to fall within the scope of work and the price is determined to be fair and reasonable.

INVOICES ARE TO BE MAILED TO:

UNICOR, Federal Prison Industries Central Accounts Payable P.O. Box 11849 Lexington, KY 40578-1849 ATTN: Supervisory Operating Accountant

PH: 1-800-827-3168

Or

INVOICES ARE TO BE EMAILED TO:

Accounts.payable@usdoj.gov

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Statement of Work:

1.0 - Introduction:

UNICOR is seeking to establish a contractual partnership with a company that can collaborate with Recycling Business Group factories to maintain active certification for R2:V3 and RIOS standards. The company will provide technical expertise to the Services and Recycling teams, offering guidance on product evaluation, sourcing, new revenue opportunities, and production operations. Additionally, the company will support UNICOR management in assessing and developing corrective actions for both Services and Recycling. The role also includes assisting the Financial Management Branch using SAP reports, BOBJ reports, and Kronos evaluations.

2.0 – Contractor Background:

Have a minimum of two (2) years' experience managing an Electronics Recycling Factory in a correctional environment. This includes having subject matter expertise in various commodities, recycling processes, and all other operational aspects of day-to-day running of an Electronics Recycling Factory.

Have a minimum of two (2) years' experience in the handling of Demil products to allow processing of Federal Agency equipment with various levels of classification. Should possess and maintain Demil certification.

Have a minimum of two (2) years' experience implementing and maintaining various levels of certifications including R2:V3, ISO 9001, 14001, OHSAS 18001, and RIOS in a correctional environment.

Have training and experience in Federal Agency property management.

Have a minimum of two (2) years' experience supervising inmates in an industrial environment.

Have experience establishing and maintaining a local Environmental Management System (EMS) Program inside a correctional facility.

Have training in various FEMA Emergency Management situations in a correctional environment.

Have experience with Bureau of Prisons Program Statements, Program Reviews, and Security Procedures.

3.0 – Contractor Requirements:

Performance of service will include any of the following:

1- Work with Recycling Business Group factories to maintain active certifications for R2:V3 and RIOS.

2- Visit current and potential business partners to evaluate possible availability of new product types and/or sources. Work with new partners to establish a Memorandum of Understanding that outlines each party's responsibilities, pricing, and shipping arrangements.

3- Visit current and potential customers to discuss sale of functional electronics, reusable electronic components, and standard commodities.

4- Assist the Recycling Business Group factories with setting up product flow.

5- Evaluate handling requirements for equipment received from Federal Agencies and establish procedures for processing special handling items such as ITAR or DEMIL.

6- Assist the Recycling Business Group factories in setting up and maintaining their local Environmental Management System.

7- Provide technical expertise to Services and Recycling staff concerning product evaluation, product sources, new revenue sources, production operations, and equipment needs.

8- Assist UNICOR management in development of corrective action plans by using operation evaluation and factory indicators.

9- Assist Services and Recycling factories in training staff and inmates.

10- Assist Services and Recycling factories in establishing and maintaining an inmate work quota system.

11- Assist the General Business Manager over the Services and Recycling factories in completing and correcting monthly inmate payroll issues.

12- Assist Financial Management on time sensitive projects.

13 - The contractor shall be responsible for their own management and administration of the work required and bear sole responsibility for complying with all requirements or constraints attendant to the performance of this contract.

14- Assist Financial Management, Recycling, and Services business groups with extensive expertise and confidence to enable all stakeholders to execute and meet or exceed all planned corporate goals.

4.0 – Deliverables:

- Perform credit cardholder statement audits for Services and Recycling factories.

- Supply a monthly report to the Services and Recycling General Manager summarizing work accomplished for the month.

- Provide breakdown of work complete with each invoice each month

5.0 - Period of Performance

The performance period will be Jan. 1, 2026, through December 31, 2026.

6.0 – Location

To be determined – must be cleared to enter multiple federal government facilities.

FAR Clauses

52.212-4 Terms and Conditions—Commercial Products and Commercial Services.

As prescribed in 12.205(b)(3), insert the following clause:

Terms and Conditions—Commercial Products and Commercial Services (Deviation Date)

(a) . The clause at Federal Acquisition Regulation (FAR) 52.202-by reference.

(b) . The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(c) . The Contractor or its assignee may assign its rights to receive payment due as a result of

Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment ( use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(d) . Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(e) . This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal, or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause FAR 52.233-1, Disputes, which is incorporated in this contract by reference. The Contractor shall proceed ng under the contract.

(f) . The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence.

Examples of occurrences include acts of God or the public enemy, acts of the Government in either its severe weather, and delays of common carriers. When an excusable delay occurs, the Contractor shall— (1)

(2) Remedy the delay as quickly as possible; and (3)

(g) Invoice. The Government will handle invoices according to the Prompt Payment Act (31 U.S.C. 3903) and 5 CFR part 1315. The Contractor shall submit invoices to the address designated in the contract to receive invoices. An invoice must include the information required by 5 CFR part 1315.9(b).

(h) agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark, or copyright, arising out of the proceedings.

(i) —

(1) . Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) . The Government will make payment in accordance with the Prompt Payment Act ( 31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check electronic funds transfer payment is made.

(4)

Contractor shall— (i) the overpayment including the—

(A) Circumstances of the overpayment ( , duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) (C)

(D) Contractor point of contact; and (ii)

(5) .

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six- he amount is paid.

(ii) the contract.

(iii) – (A) of a debt within 30 days;

(B)

Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the

(v) Amounts shall be due at the earliest of the following dates:

(A) (B) termination for cause.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on- (A)

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures for interest credits

(j) provided under this contract shall remain with the Contractor until, and shall pass to the Government upon—

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or (2) transportation is f.o.b. destination.

(k) . The contract price includes all applicable Federal, State, and local taxes and duties.

(l) . The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records.

The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) . The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. The Government will send a cure notice to the Contractor, unless the reason for the termination is late delivery. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) . The Contractor warrants and implies that the items delivered under this contract are

(p) . Except as otherwise provided by an express warranty, the Contractor will not be accepted items.

(q) . The Contractor agrees to comply with 31 contracts; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Government-procurement integrity.

(r) . Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services;

(2) The Disputes, Payments, Invoice, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) Other contract clauses incorporated in the solicitation or contract;

(4) Addenda to this solicitation or contract;

(5) Solicitation provisions incorporated in the solicitation;

(6) Other paragraphs of this clause;

(7) Other documents, exhibits, and attachments; and (8)

(s) .

(1) Except as stated in paragraph (s)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government-authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2)

(t) . This paragraph applies if this contract was awarded using award of this contract.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) n FAR part 4, longer period required by statute, or periods records relating to the work terminated shall be made available for 3 years after any resul termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, esolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This clause does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(u) completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

52.203-6 Restrictions on Subcontractor Sales to the Government 52.203-13 Contractor Code of Business Ethics and Conduct 52.203-17 Contractor Employee Whistleblower Rights 52.203-19 52.204-9 52.204-13 System for Award Management—Maintenance 52.204-91

52-209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns 52.219-6 Notice of Total Small Business Set-Aside 52.219-8 Utilization of Small Business Concerns 52.222-3 Convict Labor 52.222-19 Child Labor—Cooperation with Authorities and Remedies 52.222-35 Equal Opportunity for Veterans 52.222-37 Employment Reports on Veterans 52.222-40 52.222-41 Service Contract Labor Standards 52.222-42 Statement of Equivalent Rates for Federal Hires 52.222-44 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment 52.222-50 52.222-51 Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements 52.222-53 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements 52.222-54 52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items 52.223-11 Ozone- 52.223-12 Maintenance 52.223-20 Aerosols 52.223-21 Foams 52.223-23 Sustainable Products and services 52.224-3 Privacy Training 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving 52.232-30 Installment Payments of Commercial Products and Commercial Services 52.232-33 Payment by Electronic Funds Transfer—System for Award Management 52.232-36 Payment by Third Party 52.233-3 Protest after Award 52.233-4 Applicable Law for Breach of Contract Claim 52.237-2 Protection of Government Buildings, Equipment, and Vegetation, in solicitations and contracts for services to be performed on Government installations, unless a construction contract is contemplated.

52.237-3 Continuity of Services 52.240-91 Security Prohibitions and Exclusions 52.240-92 Security Requirements 52.240-93 Basic Safeguarding of Covered Contractor Information Systems

DOJ Clauses

DOJ-01 Whistleblower Information Distribution (OCT 2021) Within 30 days of contract award, the contractor and its subcontractors must distribute the “Whistleblower Information for Employees of DOJ Contractors, Subcontractors, Grantees, or Sub- Grantees or Personal Services Contractors” (“Whistleblower Information”) document to their employees performing work in support of the products and services delivered under this contract

-04/NDAA-brochure.pdf). By agreeing to the terms and conditions of this contract, the prime contractor acknowledges receipt of this requirement, in accordance with 41 U.S.C. § 4712 and FAR 3.906 & 52.203-17, and commits to distribution. Within 45 distributed the whistleblower information as required.

(End of Clause)

DOJ-02 Contractor Privacy Requirements (JAN 2022) A. Limiting Access to Privacy Act and Other Sensitive Information

U.S. Department of Justice Departmental Provisions and Clauses In accordance with FAR 52.224- -2 Privacy Act (APR 1984), if this contract requires Contractor personnel to have access to information protected by the Privacy Act of 1974, the contractor is advised that the relevant DOJ system of records notices (SORNs) applicable to this Privacy Act information may be found at https://www.justice.gov/opcl/doj-systems-records.http://www.gpo.gov/fdsys/. SORNs may be updated at any time. 1 Applicable SORNs published by other agencies may be accessed through those agencies’ websites or by searching the Federal Digital System (FDsys) available at 1 “[T]he term ‘record’ means any item, collection, or grouping of information about an individual that is history, and criminal or employment history and that contains his name, or the identifying number, photograph.” 5 U.S.C. § 552a(a)(4). “[T]he term ‘system of records’ means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual.” 5 U.S.C. § 552a(a)(5).

Except where use of Contractor networks, IT, other equipment, or Workplace as a Service (WaaS) is

Government networks, using Government-furnished IT and other equipment and/or WaaS and times. Any handling of Government information on Contractor networks or IT must be approved by the ivacy of the component entering into this contract. Except where remote this document at authorized Government facilities; the Contractor is prohibited from performing these tasks at or removing Government-furnished information to any other facility; and Government als on government furnished equipment in authorized government owned facilities regardless of remote work authorizations.

contractual relationship (Subcontractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under or relating to this contract. The Contractor (and any Subcontractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.

before any employee or Subcontractor employee terminates working on the contract. The Contractor must submit the separation checklist on or before the last day of employment or work on the contract.

The separation checklist must verify: (1)return of any Government-furnished equipment; (2) return or

2, in paperor electronic form, in thecustody ofthe employee or Subcontractoremployee including the sanitization of dataon any computer systems or media as appropriate; and (3) termination of any technologicalaccess to the Contractor’s facilities or systems that would permit the terminatedemployee’s access to PIIor other sensitive information.

In theevent ofadverse job actions resulting in the dismissal of a Contractor orSubcontractor employeebefore the separation checklist can be completed, the PrimeContractor must notify the ation. In the case the Contractor is

Representative (COR).

Government-furnished property including, but not limited to, computerequipment, media, credentials and passports, smart cards, mobile devices, PersonalId

CORmay facilitate the returnof equipment.

B.Privacy Training, Safeguarding, and Remediation

The Contractor must ensure that all employees take appropriate privacy training, including Subcontractors who have access to PIIas well as the creation, use, dissemination and/ordestruction of PII at the outset of the employee’swork on the contract and every yearthereafter. Training must include procedures on how to properly handle PII, including heightened security requirements for the transporting or transmission of sensitive PII, and reporting requirements for a suspected breach or loss of PII. Thesecourses, along with more information aboutDOJ security and training requirements for Contractors, areavailable athttps://www.justice.gov/jmd/learndoj. The FederalInformation SecurityModernization Act of 2014 (FISMA)requiresall individuals accessing DOJ information to complete training on records management, cybersecurity awareness, and information system privacy awareness.

Contractor employeesare required to sign the “Privacy Rules ofBehavior,” acknowledging and agreeing to abide by privacy law, policy, and certain privacy safeguards, priorto accessing DOJ information. These Rules of Behavior are madeavailable to all new users of DOJ’s computer network and to trainees at the conclusion of DOJ-OPCL-CS-0005.

completed the required privacy and cybersecurity training.

Contractor employees must comply with DOJ Order 0904 and other guidance published to the publicly-including the use of additional controls to safeguard sensitive PII (e.g., the encryption of sensitive PII).

subcontracts.

Prior to commencing work, all Contractor personnel that may have access to PII or other sensitive information shall be required to sign a Non-Disclosure Agreement (NDA) and the DOJ IT Rules of Behavior. The Non-Disclosure Agreement:

a) prohibits the Contractor from retaining or divulging any PII or other sensitive information, or derivatives therefrom, furnished by the Government or to which they may otherwise come in contact as a result of their performance of work under the contract/task order that is otherwise not publicly available, whether or not such information has been reduced to writing; and

b) requires the Contractor to report any loss of control, compromise, unauthorized disclosure, or unauthorized acquisition of PII or other sensitive information to the component-level or headquarters Security Operations Center within one (1) hour of discovery.

The Contractor should maintain signed copies of the NDA for all employees as a record of compliance.

before the employee may commence work under the contract/task order.

is created, obtained, or provided during the performance of the contract without the written permission inistration of the contract in the invoices as needed.

Contractors must report any actual or suspected breach of PII within one hour of discovery.4 A “breach” is an incident or occurrence that involves the loss of control, compromise, unauthorized disclosure, unauthorized acquisition, or any similar occurrence where: (1) a person other than an authorized user accesses or potentially accesses PII or (2) an authorized user accesses or potentially accesses PII for an other than authorized purpose. The report of a breach must be made to DOJ. The Contractor must coo including remediating any harm to potential victims.

b) The Contractor must report any such breach by its employees or Subcontractors to the DOJ Security Operations Center (dojcert@usdoj.gov, 202-357-7000); Component-level Security Operations Center and Component-level Management Team, where appropriate; the one (1) hour of the initial discovery.

c) The Contractor must provide a written report to the DOJ Security Operations Center (dojcert@usdoj.gov, 202-357-7000) within 24 hours of discovery of the breach by its employees or Subcontractors. The report must contain the following information:

i. Narrative or detailed description of the events surrounding the suspected loss or compromise of information.6 Date, time, and location of the incident.

ii. Amount, type, and sensitivity of information that may have been lost or compromised, accessed without authorization, etc.

iii. Contractor’s assessment of the likelihood that the information was compromised or lost and the reasons behind the assessment.7 and any witnesses.

provisions were not followed.8

vi. Actions that have been or will be taken to minimize damage and/or mitigate further compromise.

vii. Recommendations to prevent similar situations in the future, including whether the security plan

d) The Contractor shall provide full access and cooperation for all activities determined by the pid resolution of sensitive information incidents.

as no longer eligible to access PII or to work on that contract based on their actions related to the loss or compromise of PII.

At DOJ’s request, the Contractor is responsible for notifying victims and providing victim remediation services in the event of a breach of PII held by the Contractor, its agents, or its Subcontractors, under this contract. Victim remediation services shall include at least 18 months of credit monitoring and, for serious or large incidents as determined by the Government, call center help desk services for the f agrees to full cooperation in the event of a breach. The Contractor should be self-insured to the extent necessary to handle any reasonably foreseeable breach, with another source of income, to fully cover the costs of breach response, including but not limited to victim remediation.

C. Government Records Training, Ownership, and Management

a) The Contractor must ensure that all employees and Subcontractors that have access to PII as well as to those involved in the creation, use, dissemination and/or destruction of PII take the training course or another training approved by the work on the contract and every year thereafter. The

Contractor shall the required records management training.

b) The Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records containing PII and those covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format, mode of transmission, or state of completion.

contract using Government IT equipment and/or Government records or that contain Government Agency information. The Contractor shall certify, in writing, the appropriate disposition or return of all contract. In accordance with 36 CFR 1222.32, the Contractor shall maintain and manage all Federal records created in the course of performing the contract in accordance with Federal law. Records may not be removed from the legal custody of DOJ or destroyed except in accordance with the provisions of the agency records schedules.

b) Except as stated in the Performance Work Statement and, where applicable, the Contractor’s Commercial License Agreement, the Government Agency owns the rights to all electronic information (electronic data, electronic information systems or electronic databases and all supporting documentation and associated metadata created as part of this contract. All deliverables (including all data and records) under the contract are the property of the U.S. Government and may be considered federal records, for which the Agency shall have unlimited rights to use, dispose of, or disclose such data deliverables to permit the agency to use the data.

c) The Contractor shall not retain, use, sell, disseminate, or dispose of any government data/records or

Representative. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the Agency records schedules.

D. Data Privacy and Oversight

The use of real data containing PII from any source for testing or training purposes is generally prohibited.

The Contractor shall use synthetic or de-

The Contractor is required to obtain an Authority To Operate (ATO) for any IT environment owned or controlled by the Contractor or any Subcontractor on which Government data shall reside for the purposes of IT system development, design, data migration, testing, training, maintenance, use, or disposal.

a) If this contract requires the development, maintenance or administration of information technologyhttps://dojnet.doj.gov/privacy/), including DOJ Order 0601, Privacy and Civil Liberties. The Privacy Impact Assessment Guidance and Template outline the 9, the Contractor shall support the completion of the Initial Privacy Assessment (IPA) document, if requested by Department personnel. An basic questions to help components assess whether additional privacy protections may be needed in designing or implementing a project10 to mitigate privacy risks, and whether compliance work may be needed. Upon review of the IPA, the OPCL determines whether a Privacy Impact Assessment (PIA) support to complete the applicable risk assessment and PIA document in a timely manner, and shall ensure that project management plans and schedules include the IPA, PIA, and SORN (to the extent required) as milestones. Additional information on the privacy compliance process at DOJ, including IPAs, PIAs, and SORNs, is located on the DOJ OPCL website requirements and format for the PIA.

b) If the contract involves an IT system build or substantial development or changes to an IT system that may require privacy risk assessment and documentation, the Contractor shall provide adequate support to DOJ to ensure DOJ can complete any required assessment, and IPA, PIA, SORN, or other supporting documentation to support privacy compliance. The Contractor shall work with personnel from the

Management and Policy to ensure that the privacy assessments and documentation are kept on schedule, that the answers to questions in the documents are thorough and complete, and that ensure the completion of required PIAs and documentation of privacy controls consistent with federal law and standards and compliance with the privacy acto fo 1974. Ederal Information security modernization act of 201 and Key OMB guidelines. (end of clause)

DOJ-

Information – Cleared Contractors Work performed under this contract will involve any one or more of the following: access to DOJ

DOJ information, and/or access to DOJ Information Technology (IT) systems, and/or unescorted access to DOJ space or facilities. Contractor employees will occupy Public Trust Positions, unless clause alternates are applied.

1. General Requirements

(a) (1) All references to “contract(or) personnel” and “contract(or) employee” in this clause means all individuals, without limitation, to include individuals employed by the contractor, team member, subcontractor, consultant, and/or independent contractor, who will have access to information of the Department of Justice (DOJ) or information that is within the custody and control of the DOJ, access to DOJ IT systems, and/or unescorted access to DOJ facilities/space in connection with the performance of this contract. “Employment” as used herein does not create nor imply an employer/employee relationship between the DOJ and contractor employees.

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(b) (1) The type of security investigation required for each contractor employee will be governed by the type and risk level of information made available to the contractor employee. The contractor will not be permitted to commence performance under this c

Representative if one is appointed, have received the requisite security approval.

conduct of the investigation.

(d) The contractor shall ensure that no contractor employee commences performance prior to receipt of contractor employee is authorized.

(e) The data and other information to which the contractor may have access as a result of this contract is the property of, and/or within the custody and control of, the Department, and its disclosure to third parties is governed by various statutes and regulations, the violation of which may subject the discloser to criminal penalties.

2. Citizenship and Residency Requirements

(a) . (1) Contractor employees in Public Trust positions, both U.S. citizens and non-U.S. citizens, must meet the Department’s residency requirement if they will require access to DOJ information, IT systems, or unescorted access to facilities. For three years (not necessarily consecutive contractor employee must have: (i) resided in the U.S.; (ii) worked for the U.S. in a foreign country as either an employee or contractor in a federal civilian or military capacity; or, (iii) been a dependent of a federal civilian or military employee or contractor working for the U.S. in a foreign country. At the Department’s sole discretion, the residency requirement may be waived by the Department Security

-by-circumstances. The residency requirement does not apply to contractor employees residing in foreign countries that are hired to work in American embassies/consulates/missions located outside of the United States and who require access to DOJ information, IT systems, or unescorted access an adequate background investigation can be conducted, with favorable adjudication, as determined by the DSO

(b) positions, the DOJ requires that contractor employees be U.S. citizens and nationals, or lawful permanent residents seeking U.S. citizenship. Any prospective non-U.S. citizen contractor employee who requires access to DOJ information systems, DOJ information, and/or unescorted facilities access must also have been granted a waiver as described below in paragraphs 1.2(d) and/or (e). The contractor is responsible for verifying that the non-U.S. citizens working under this contract are lawful permanent residents seeking U.S. citizenship.

(2) - : (i) Non-U.S. citizen expert witnesses, litigative consultants, and interpreters in rare foreign languages are not required to be lawful permanent information, whether CUI or not, DOJ IT systems, and/or unescorted facility access, as described below in paragraph 1.2(d) and (e), regardless of the duration of their duties. (ii) Non-U.S. Citizen contractor employees residing in foreign countries who are hired to work for the Department of Justice in American embassies/consulates/missions outside of the United States are not required to be lawful permanent residents seeking U.S. citizenship.

(c) . (1) U.S. citizens who hold dual citizenship with a foreign country are considered U.S.

citizens within the meaning of this clause, and may be considered for, but are not entitled to, contract employment as U.S. citizens consistent with this clause. The means by which the contractor employee obtained or exercises his or her dual citizenship status will be a consideration in the Public Trust Investigation (PTI) adjudication, and/or waiver approval processes discussed in this clause.

(d) . Non-U.S citizens are not authorized to access DOJ information technology (IT) systems or assist in the development, operation, management, or maintenance of DOJ IT systems, including providing IT system support, unless a waiver has been granted by the Head of the DOJ component or designee, with the prior concurrence of both the DSO and the DOJ

-U.S. citizen. Such a waiver will be granted only in exceptional and unique circumstances on a case-by-case basis. It should be noted that employee who will need access to JCON must be a U.S. citizen or have received a waiver. In order for a waiver to be considered for approval: (1) There must be a compelling reason for using this individual as opposed to a U.S. citizen; (2) The type of personnel security vetting that has been conducted on the individual, and vetting results, that would mitigate risk; and (3) The waiver must be in the best interest of the federal government.

(e) . (1) Except as provided under 1.2(b)(2), non-U.S. citizens are not authorized to access DOJ information and/or unescorted access to DOJ facilities or space, unless a waiver has been granted by the DSO, allowing access by the non-U.S. citizen. Such a waiver will be granted on a case-by-the discretion of the DSO.

3. Background Investigation Requirements

(a) (1) Unless otherwise stated below, all contractor personnel are subject to a Public Trust Investigation (PTI). The SPM will determine the type of investigation for each contractor employee based on the risk category (i.e., the nature of the position and degree of harm that could be caused by the individual in that position) and whether the position is long-term or short-term. The PTI risk categories are listed below.

(i) High Risk Positions. The minimum background investigation required is a Tier 4 (T4) investigation, and

-year reinvestigation required is a Tier 4R (T4R) investigation. The 2017 version of the Standard Form (SF) 85P, Questionnaire for Public Trust Positions, is required.

(ii) Moderate Risk Positions. The minimum background investigation required is a Tier 2 (T2) investigation.

-year reinvestigation required is a Tier 2R (T2R) investigation. The 2017 version of the SF-85P is required.

(iii) Low Risk/Non-Sensitive Positions. The minimum background investigation required for Low Risk/Non-

-year reinvestigation is also a Tier 1 (T1) investigation. The SF 85, Questionnaire for Non-Sensitive Positions, is required.

(b) . Expert Witnesses, litigative consultants, and interpreters in rare foreign languages may not be subject to full background investigation requirements if alternative security requirements are approved by the DSO.

(c) - . Other than the exception in Section 1.3(b), short-term contractor employees (6 months or less) who are U.S. citizens are not subject to a full background investigation, however, must receive an approved pre-employment background investigation waiver. The required forms to complete and submit are listed in Section 1.4(b) and (c)(2).

(d) - . Other than the exception in Section 1.3(b), all long-term U.S. citizen employees (longer than 6 months) are subject to a full background investigation in the risk category appropriate to the position they will hold.

(e) - . Other than the exception in 1.3(b), all non-U.S. citizen contractor employees regardless of performance duration (short or long term) are subject to a full background investigation in the risk category appropriate to the position they will hold.

(f) . (1) A Public Trust Investigation will be accepted under reciprocity if it meets the following guidelines: (i) the investigation is current (investigations are considered current if completed within the einvestigation has been deferred; (ii) the investigation meets or exceeds the level of investigation required for the DOJ contractual instrument; (iii) there has been no continuous (not cumulative) break in federal contract/service employment of two years or more;

not show conduct that is incompatible with the core duties of the new contract position. A “core duty” is a continuing responsibility that is of particular importance to the relevant covered position or the achievement of an agency’s mission. Core duties will vary from position to position.

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4. Background Investigation Process

(a) e- . Public Trust background investigations/reinvestigations of contractor employees will be performed by the DCSA. The investigative process requires contractor employees to complete the Electronic Questionnaires for Investigations Processing (e-QIP) and provide additional shall designate an employee as its “e-QIP Initiator” and provide the name of this person to the SPM. The e-QIP Initiator must have, at a minimum, a favorably adjudicated Tier 1 investigation and the appropriate DOJ security approval before being given access to e-QIP. After the e-QIP Initiator’s security approval is

-QIP as a sub-agency to DOJ. The contractor will then be responsible for initiating investigations for all contract personnel, whose previous investigation does not meet reciprocity, in e-QIP for completion of the security questionnaire form and…